The Immigration System Is Not Broken: It’s Government That’s Broken

One of the things that drives me crazy during these debates about illegal immigration is people running around say that “the immigration system is broken”. Why are they saying this? Because they want to legalize illegal aliens. This is a bipartisan problem: it’s not just Democrats like Obama, Pelosi, Reid, La Raza, Media Matters, and so many others who say it and want it. There are Republicans like Lindsay Graham, John McCain, Jeff Flake, Marco Rubio, and George Bush….yes, Bush. The last time amnesty was being pushed I had photoshops such as

These same people love to claim that the immigration system is broken. It’s not. It’s cumbersome, burdensome, and/or costly for those who want to come to this country legally and either be citizens, work towards citizenship, or simply work.

What’s broken is Government. It’s the elected official (ie, servants of the People), appointed officials, and civil servants (ie, government employees) who are the problem. It’s how they respond to illegal aliens that’s broken. Not all, mind you, but enough. Plus all the citizens and groups who want to legalize and/or ignore the problem of illegal immigration. The law is quite specific: illegals are breaking federal law:

Under Title 8 Section 1325 of the U.S. Code, “Improper Entry by Alien,” any citizen of any country other than the United States who:

Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

Eludes examination or inspection by immigration officers; or

Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

What is not understood by the Political Class? They are the ones who are broken by failing to uphold the law. Elected officials, political appointees, and many civil servants, particularly those in law enforcement and the criminal justice system, take oaths to uphold the law and the Constitution. Government employees who do not take oaths still have “codes of conduct” and rules to follow The Law. Yet, we have places like sanctuary cities. We have law enforcement told to ignore people who are illegals. We have catch and release when it comes to illegals. We spend months, if not years, adjudicating the disposition of caught illegals before maybe, possibly deporting them.

The system is not broken. The system is about legal immigration. That system is mostly OK. The closest it comes to being broken is for people who fail leave when their visas expire. That’s right, approximately one third of all illegals are people who overstayed their visas, and are still living in the USA, using our services, draining our cash. Not every illegal comes across the border from Canada and Mexico or on a boat or plane.

And these people are breaking federal law every day they are here. It is not a victimless crime. They are a vast drain on public funds. They take jobs away from American citizens. They cause our emergency rooms to close. They waste the time of law enforcement. They fill our jails, particularly since some illegals are not “good people just looking for a better life.” They cause a depression in wages.

And the political class fails us. Instead of pushing for legalizing them, we should be looking for ways to push them out the door and make sure that they, and others, do not come back. We should be securing the border and slapping companies that knowingly hire them or failing to properly perform background checks with massive fines along with civil and criminal penalties that would discourage hiring illegals. We should refuse to provide illegals with any government funded services. And we should force our Government to uphold existing law.

In fact, it could be argued that providing illegals with a pathway to citizenship breaks the Constitutional provision against passing ex post facto laws (Article I, Section 9, Clause 3). States are also restricted from passing ex post facto laws. EPF is not just about making something that was legal illegal in retrospect: it is also about making what was illegal now legal, depending on the circumstances. Congress could certainly pass a law saying “if you enter the US after the date this law is passed, you can no longer be considered illegal”, but, for those who are already here illegal, you can’t say that they are now legal.

Increase the available slots for temporary and migrant workers. Make the companies that hire them responsible for providing health insurance (formatted to cover potential issues in that industry), and they do not get to use public services. Implant subcutaneous tracking devices in all here on temporary work visas.

Children of illegals? Sorry, mom and dad are getting deported. If you want to go with them, great. They’re going. Period. They want to stay? OK. They are Constitutional US citizens. But the parents can’t stay. Phones and email are great. Try Skype. Harsh? Well, the law can be harsh. No one complains about children being separated from their parents when the parents are sent to the Big House. Perhaps illegal aliens should have considered the consequences of their actions beforehand.

Illegals get caught? They immediately see a judge (there are a very small number who would be approved to stay for a few reasons) and are put on a bus or plane out of the country. If they have a bank account, the money will be seized to pay for the transportation costs.

The political class that supports amnesty is turning this country into a nation of Men, instead of a nation of law. They are the ones who are broken.